ID Bar Civil Procedure 2 — Questions and Answers
Question 1: Under I.R.C.P. 26, when must initial disclosures be served in Idaho state court?
- Within 14 days of the Rule 16 scheduling conference
- Within 21 days after the defendant is served
- At the time specified in the court's scheduling order, but no later than 28 days after the parties' Rule 26(f) conference (Correct answer)
- Within 30 days of filing the complaint
Correct answer: At the time specified in the court's scheduling order, but no later than 28 days after the parties' Rule 26(f) conference
Idaho Rule 26(a)(1)(C) requires initial disclosures within the time set by the scheduling order, mirroring the federal framework.
Question 2: In Idaho, a motion for a new trial must be filed within how many days of entry of judgment?
- 7 days
- 14 days
- 21 days
- 28 days (Correct answer)
Correct answer: 28 days
I.R.C.P. 59(b) requires that a motion for new trial be filed no later than 28 days after entry of judgment.
Question 3: Under Idaho's class action rule, which of the following is NOT a requirement for certifying a class?
- Numerosity
- Commonality
- Typicality
- Unanimity among class members (Correct answer)
Correct answer: Unanimity among class members
I.R.C.P. 23 requires numerosity, commonality, typicality, and adequacy of representation, but not unanimity among class members.
Question 4: Under Idaho's venue rules, where is venue generally proper in a tort action?
- Only in the county where the plaintiff resides
- Only in the county where the defendant resides
- In the county where the cause of action arose or where the defendant resides (Correct answer)
- In the county where the plaintiff's attorney practices
Correct answer: In the county where the cause of action arose or where the defendant resides
Idaho Code § 5-404 provides that tort actions may be brought in the county where the injury occurred or where the defendant resides.
Question 5: Which of the following describes the doctrine of forum non conveniens in Idaho?
- A court must dismiss if another court has exclusive jurisdiction
- A court may dismiss or stay an action if another forum is substantially more convenient (Correct answer)
- A court must dismiss if the defendant is not a resident of Idaho
- The doctrine does not apply in Idaho state courts
Correct answer: A court may dismiss or stay an action if another forum is substantially more convenient
Idaho courts recognize forum non conveniens and may dismiss or stay an action when an alternative forum would be substantially more convenient for the parties and witnesses.
Question 6: Under I.R.C.P. 55, a default judgment may be entered when a party:
- Fails to pay court filing fees on time
- Fails to plead or otherwise defend within the required time (Correct answer)
- Files an answer that lacks sufficient detail
- Fails to attend the pretrial conference
Correct answer: Fails to plead or otherwise defend within the required time
I.R.C.P. 55(a) allows the clerk to enter a default when a party against whom relief is sought has failed to plead or otherwise defend.
ID Bar Civil Procedure 2
Under I.R.C.P. 26, when must initial disclosures be served in Idaho state court?